LAXMAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant appeal under Section 374 of the Code of Criminal Procedure ('the Code for short) sent from jail is directed against the judgment and order dated 27.8.2004 rendered in Sessions Case No. 45 of 2003 by which appellant Laxman ('accused' for short) has been convicted for the offence under Sections 364, 302/34, 201/34 of the Indian Penal Code ('Indian Penal Code.', for short) as the accused was found guilty for kidnapping and committing murder of Prakash, a boy of 14 years of age and screening of the offence and therefore he was sentenced as under : <FRM>JUDGEMENT_187_LAWS(RAJ)11_2009_1.html</FRM>

(2.) The prosecution case, as disclosed from the F.I.R. and unfolded during trial is that on 9.10.2002 PW-2 Tej Ram (Complainant) lodged a written report Ex.P-2 at Police Station Pratap Nagar, District Udaipur stating therein that on that day his son Prakash Meghwal, aged 14 years had gone to Jai Shree Colony to see Garba at about 8.45 P.M. and thereafter at about 9.45 P.M. he received a telephone call from unknown person which was attended by his daughter Jamana who called him on line and when he talked with that person on telephone he told him that as he (complainant) was flying high so he would kill him and would end his whole family. The unknown person asked him about the whereabouts of his children at which the complainant asked him to disclose his identity to which he replied that he was his father and stated that his child was with him and after saying so disconnected the telephone line. The complainant thereafter made search for his son at Jay Shree Colony, Bohara Ganesh and all other Garba places but his son was not found, therefore, he apprehended that someone had kidnapped his son. His son Prakash was seen by PW-7 Wasim at 9.30 P.M. going towards Bohra Ganeshji and PW-18 Ganpat also saw him with two boys going towards the gate of Mohan Lal Sukhadiya University.

(3.) On the basis of this report, F.I.R. No. 290/2002 Ex.P-22 under Section 365 Indian Penal Code. was registered at the Police Station against unknown person and during the course of investigation statements of witnesses were recorded, the dead body of the deceased was recovered on the information of accused and inquest was held on the dead body and thereafter it was sent for autopsy. The site plan was prepared and blood sample was taken from the dead body of the deceased which was sent to FSL for examination. Mudamal articles Gupti and a white handkerchief were also recovered on the information of accused in the presence of Panchas.